Human Rights
Human Rights
Human Rights
To attain
societal goals and objectives, a country uses complete political coerciveness,
which may come in the form of armed personnel, stricter laws, and rigid
governmental policies.
As country consist of actors with varying interests and assertions, social
rules are implemented in the form of laws. These laws are created to manage the
interaction among individuals and between the individuals and the country. As a
citizen of a country, an individual is subjected to the legal norms in the territory.
These norms may include paying taxes, rendering military service, and contributing
to the political life in the society. For example, in the event of war, citizens may be
required to render military service for their country.
Being a citizen of a country also entails the enjoyment of certain privileges
that are labelled as rights. There are two types of rights that are enjoyed by
individuals as members of state: natural and legal. Natural rights are those that are
derived from the basic elements of individual being humans. Some of these rights
include the right of life, the right to liberty or freedom, and the right to property.
Legal rights are those that are awarded to an individual by the state as part of its
culture, traditions, and norms.
Drugs of course can cause a lot of other problems apart from violent crime.
In our country, it’s a source of corruption, and there’s a real danger that drug money
may be used to win political support. Some of the most notorious drug convicts ran
their operations when they were barangay officials. Drug convicts continue to
corrupt personnel at the National Penitentiary.
Duterte must be aware of reports that communist rebels are also suspected
of raising funds from either protecting marijuana plantations or growing cannabis
themselves. Colombian rebel groups also do the same with coca plantations.
Drugs can also fry the brains of youths, with the damage often permanent.
Parents of such youths will probably support Duterte’s tough stance on drugs.
Duterte’s “war on drugs” has been controversial from the very beginning,
since it allegedly involved the extrajudicial killing of suspected drug peddlers and
users. The anti-drug operation (Oplan Tokhang) has already killed 7,000 persons,
but some human rights groups think that the number of drug-related killings could
reach 12,000 if we are going to include the unreported cases.
Police officials have consistently claimed that rival drug gangs are behind
the extrajudicial killings. They also insisted that state forces are only forced to
retaliate because suspects have been violently resisting arrests.
Aside from making Tokhang the top priority of his government, Duterte is
accused of abetting impunity by vowing to protect cops who kill drug suspects.
Early in 2017, the killing of a Korean businessman inside a police camp and
the backlash it generated forced the government to suspend Tokhang. But in a
matter of weeks, the killings resumed in poor urban communities.
Duterte’s SONA speech worried many because it was believed that it could
lead to more drug-related deaths instead of addressing the demand of human
rights groups and the international community to rethink the methods of Tokhang.
But the media also reported that a 17-year-old student was killed by the
police during a Tokhang-related arrest in Caloocan, a northern suburb of Manila.
Later, CCTV footage of the crime scene showed a boy being dragged by the police
which convinced many that the Tokhang operation killed another innocent person.
The police were loudly condemned for this atrocity. Duterte, too, was blamed for
inciting police abuse.
The media reminded the public that this is not the first time that a minor was
killed in a Tokhang operation. In fact, 54 children have been killed already since
2016.
The Senate conducted a probe of the incident; the powerful Catholic Church
issued a strong statement against drug-related killings; the opposition pinned the
blame on Duterte’s aggressive brand of leadership; and a funeral protest was held
to dramatize the clamor for justice amid the spate of extrajudicial killings.
Sensing a shift in public opinion about Tokhang, Duterte modified his stance
by vowing to punish rogue cops.
Public anger has yet to subside when a similar Tokhang case was reported
by the media. This was followed by more news reports highlighting the tortured
bodies of teenagers who allegedly died while under police custody.
Duterte seemed baffled by the reports and accused sinister forces of trying
to sabotage the government’s anti-drug campaign. But Duterte’s problem is his
refusal to acknowledge that the main problem is the framework of Tokhang itself.
The obsession for quick results to end the drug menace, plus the alleged bounty
for every dead drug operator, probably fueled the brutal killings in poor
communities.
Some believe the issue of human rights abuses involving children is aimed
at distracting the attention of the public after a Senate probe implicated Duterte’s
son in the shipment of illegal drugs in the country’s ports. It may be true. But it
does not invalidate the urgent demands to rethink Tokhang, to probe and punish
police abuse, and to make Duterte accountable for the worsening human rights
violations that are taking place across the country.
International human rights law lays down obligations which States are
bound to respect. By becoming parties to international treaties, States assume
obligations and duties under international law to respect, to protect and to fulfil
human rights. The obligation to respect means that States must refrain from
interfering with or curtailing the enjoyment of human rights. The obligation to
protect requires States to protect individuals and groups against human rights
abuses. The obligation to fulfil means that States must take positive action to
facilitate the enjoyment of basic human rights.
The Philippine human rights situation is not however limited to the issue of
extrajudicial killings and disappearances. The country faces problems related to
its political, economic, social and cultural conditions that breed many more human
rights problems.
The concept may be problematic in the Philippines but human rights are a
vital component of most modern democracies.
Human rights allow a person to live with dignity and in peace, away from
the abuses that can be inflicted by abusive institutions or individuals. But the fact
remains that there are rampant human rights violations around the world.
The rights of Filipinos can be found in Article III of the 1987 Philippine
Constitution. Also called the Bill of Rights, it includes 22 sections which declare a
Filipino citizen’s rights and privileges that the Constitution has to protect, no matter
what.
Aside from various local laws, human rights in the Philippines are also
guided by the UN's International Bill of Human Rights – a consolidation of 3 legal
documents including the Universal Declaration of Human Rights (UDHR), the
International Covenant on Civil and Political Rights (ICCPR), and the International
Covenant on Economic, Social, and Cultural Rights (ICESCR).
This is not always the case, however, as the Philippine Constitution lacks
explicit laws to further cement specific human rights in the local context.
Human rights are both rights and obligations, according to the UN. The state
– or the government – is obliged to “respect, protect, and fulfill” these rights.
Criminals or those in conflict with the law are still protected by rights as
indicated in many legal documents such as the Philippines’ Criminal Code and
UN’s Standard Minimum Rules for the Treatment of Prisoners.
No country has the capacity to stop all human rights violations but there is
justified expectation that any government has enough resources to do substantial
measures to address the situation as long as it has the political will to do so.
Human Rights Watch field research found that government claims that the
deaths of suspected drug users and dealers were lawful were blatant falsehoods.
That research paints a chilling portrait of mostly impoverished urban slum dwellers
being gunned down in state-sanctioned “death squad” operations that demolish
rule of law protections. Interviews with witnesses and victims’ relatives and
analysis of police records expose a pattern of unlawful police conduct designed to
paint a veneer of legality over extrajudicial executions that may amount to crimes
against humanity. Our investigations revealed that police routinely kill drug
suspects in cold blood and then cover up their crimes by planting drugs and guns
at the scene.
While the Philippine National Police have publicly sought to distinguish
between suspects killed while resisting arrest and killings by “unknown gunmen”
or “vigilantes,” Human Rights Watch found no such distinction in the cases
investigated. In several such cases, the police dismissed allegations of
involvement when only hours before the suspects had been in police custody.
Such cases call into question government assertions that most killings have been
carried out by vigilantes or rival drug gangs.
Enforcement of International Human Rights must prevail because life
is important, our own life is important. But at the same time, because life is
important, our own life is not important. Life is extremely precious and holy, and
thus one cannot treat matters of life and death lightly. For that reason, I forbid acts
that result in "mercy killing" or that grant the "right to end life." Until the moment of
natural death, every second that the soul is in the body is inestimably valuable —
not just to the body, but to the Filipino people and the world as a whole. Summary
or extra-judicial executions of criminals or suspects are prohibited under the
Philippine Constitution as these violate several sections such as Article III Section
1, which states that “no person shall be deprived of life, liberty or property without
due process of law nor shall any person be denied the equal protection of the
laws."
Duterte’s war on drugs is the clear catalyst for today’s sporadic killings that
have victimized mostly the poor. The President’s bevy of supporters has seen
nothing wrong with the death of alleged drug users and peddlers, claiming it is a
strategy in the right direction, an effective means to cleanse our society of the evils
of illegal drugs.
Unfortunately, even the innocent became victims of this cleansing. They are
referred to as collateral damages whose deaths could only move the President to
say “sorry” and nothing more to protect their kind. Unsympathetic, he declared
stoically that for as long as there are illegal drug users, pushers, manufacturers,
and protectors of drug syndicates, killings will continue relentlessly and without let-
up. Clearly, the President is not deterred from employing this approach even if
threatened with cases of human rights violations and crimes against humanity and
at the cost of many lives.
Life has a story of its own. It is sacred not only in the eyes of the Church;
even the State with its laws recognize its value. The Constitution and our civil laws
have provisions that seek to protect it. Unfortunately, we understand life today
simply from the point of view of drug use and criminality, such that drug dependents
must die and criminals ought to be killed too. The necessity of redemption is not
applicable to them for they will no longer change or at the very least, be converted.
Criminals and drug dependents don’t have humanity, hence, laws that uphold a
human being’s dignity, regardless of its status and quality, do not apply to them.
So, the barbarity and impunity with which killings are carried out no longer
affect our society’s moral consciousness. We are slowly losing that sense of right
and wrong simply because the State insists that killing criminals will stave off our
society’s collapse. In true Kantian fashion, Duterte insists that he is duty-bound to
save our country from utter destruction, hence, he is justified to use any means
just to avert it. Therefore, swift elimination of alleged criminals is right regardless
of civil law provisions and moral norms that say the contrary.
While Duterte believers applaud each and every killing in the streets, his
critics, including the Church and adherents of human rights, continue to insist on
following at least the “letters of the law” which visibly spell out the need for due
process, equal protection, right to life, and the upholding of human dignity.
Lastly, our government should not mock our legal systems for it will erode
public trust. It should rather strengthen and increase accountability thru strict
application of laws. As one human rights advocate said, “the war on drugs is a war
against our legal systems”.
Our State institutions and government systems must operate within the
bounds of our legal and moral norms, otherwise the Filipino psyche will thoroughly
be haunted by the ghost of the past when human rights were not given their due.
And then many more people would meet their senseless death!